Post on 20-Jun-2015
description
Protecting Physicians…
Relentlessly Protecting Physicians’ Most Precious Asset – Their Reputation…
Patented systems & endorsed by numerous state & specialty societies
www.medicaljustice.com
Road Map
• Medical Justice today– 6 years of experience; launched 2002– Deterrence; early action; hold unethical proponents of frivolous
lawsuits accountable; neutralize defamation on the Internet
• Medical Justice tomorrow– HealthCare 2.0: Market based healthcare model for all stakeholders– Existing $2 trillion will fund U.S. system +
• Health information technology• No-fault remedies for all injured patients • Patient safety systems • Pay for all uninsureds
Patented systems & endorsed by numerous state & specialty societies
www.medicaljustice.com
Tort System: Lofty Goals
– Deter Negligent Acts
– Restitution• These goals are not realized in the medical malpractice
arena;
• The tort system makes it harder to implement systemic changes for patient safety
• Remedies for patients are inconsistent. Many receive payment only years after they file for bankruptcy.
Patented systems & endorsed by numerous state & specialty societies
www.medicaljustice.com
Bad Doctors…Really?
• In 2004, the National Practitioner’s Data Bank had over 200,000 entries for physicians who had settled or lost in court…..– Most physicians had one report
– ~700,000 physicians in the US
– Majority of those who are sued do not represent “the bad apples”
Patented systems & endorsed by numerous state & specialty societies
www.medicaljustice.com
What Is Medical Justice?
Medical Justice is a patented program designed to protect physicians’ reputations
• Keep physicians from being sued for frivolous reasons.
• Deter defamation of doctors on the Internet
Launched in 2002 and currently serves just under 2,000 physician members across the country.
Patented systems & endorsed by numerous state & specialty societies
www.medicaljustice.com
Goals of Medical Justice: Frivolous Lawsuits
• Deterrence of lawsuits.• Promote system where experts “tell the truth.”• If frivolous suit continues forward, enable
prosecution of viable countersuit/counterclaim.
Patented systems & endorsed by numerous state & specialty societies
www.medicaljustice.com
How We Do It: Novel Solution
Ignore traditional remedies (eg: malicious prosecution)
1. Focus on expert witness
2. Contract with patients
Patented systems & endorsed by numerous state & specialty societies
www.medicaljustice.com
Expert Witnesses
• Without physician experts, meritless cases die• Hired guns
– What are they?
• Witnesses Having Other Rational Explanations
– Credibility based on membership in good standing in medical professional societies
Patented systems & endorsed by numerous state & specialty societies
www.medicaljustice.com
Patient Contract Templates
• Will use expert who is member of and follows code of ethics for defendant’s specialty society
• Easy to implement.– “Office staff- friendly”
– “Patient-friendly”
Patented systems & endorsed by numerous state & specialty societies
www.medicaljustice.com
Medical Justice Track Record: Deterrence
• Aggregate suit rate for Medical Justice plan members across all states– under 1% for doctors who reliably use patient contracts
– Medical Justice specialty mix:
• 40% “high risk” surgical specialists
Patented systems & endorsed by numerous state & specialty societies
www.medicaljustice.com
Medical Justice Track Record
• Numerous plaintiff’s experts disciplined for delivering frivolous testimony. – Venues for potential redress:
• medical specialty societies,
• hospital credentialing committees, and
• medical licensing boards.
Patented systems & endorsed by numerous state & specialty societies
www.medicaljustice.com
Results
• Case CL: Pre-existing case (PE Shield): Ohio Physician sued for lap-cholecystectomy.
– Plaintiff’s expert:
• Claimed “risk of infection”: stone fell into peritoneal cavity SEVEN years earlier
• Medical Justice plan purchased
• In court, expert stated that now NINE years had passed, risk of infection was low…..No negligence.
Patented systems & endorsed by numerous state & specialty societies
www.medicaljustice.com
Time Versus Likelihood of Infection
0
10
20
30
40
50
60
70
80
90
100
1 2 3 4 5 6 7 8 9
Year Post-Op
Lik
elih
oo
d In
fec
tio
n
N=1
Joined Medical Justice
Patented systems & endorsed by numerous state & specialty societies
www.medicaljustice.com
PEER Program: Another Value-Added
• Physician Enlisted Expert Review Program• Medical Justice volunteers: provide review and
testimony at no charge.• Can honestly say on the stand did not receive typical
$10k for their testimony.
Patented systems & endorsed by numerous state & specialty societies
www.medicaljustice.com
The Landscape in 2008
• Tort reform - many victories for MDs– Addresses severity of cases enabling premium relief
– But, at any one moment, 50,000 open med mal cases
• Challenges to caps in courts and legislatures– South Dakota,Wisconsin, Oregon, Georgia, Illinois
• Physician rating sites/anonymous blogging exploding
Patented systems & endorsed by numerous state & specialty societies
www.medicaljustice.com
Summary
• Deterrence*** – meritless lawsuits and anonymous blogging
• Early Action
• Justice